Dr. Sarvesh Shahu Sawant v. Harishchandra Shantaram Mhatre
JPP 2. PIL 24.2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION by JYOTI PRAKASH PAWAR Date: 2025.07.24 16:55:47 +0530 JYOTI PRAKASH PAWAR PUBLIC INTEREST LITIGATION NO. 24 OF 2020 Harishchandra Shantaram Mhatre ... Petitioner V/s.
The State of Maharashtra through Chief Secretary and Ors.
... Respondents WITH INTERIM APPLICATION NO. 10171 OF 2025 IN PUBLIC INTEREST LITIGATION NO. 24 OF 2020 Nagrikk Hitsanvardhak Sanstha, Kalyan Purv through President Dr. Shubhada Sunil Salunke ... Applicant V/s.
Harishchandra Shantaram Mhatre and Ors.
... Respondents WITH INTERIM APPLICATION NO. 781 OF 2024 IN PUBLIC INTEREST LITIGATION NO. 24 OF 2020 Dr. Survesh Shahu Sawant ... Applicant V/s.
Harishchandra Shantaram Mhatre ... Respondent _______________________________________ Mr. Gauresh Khandalekar with Mr. Nilesh J. Mohite for the Petitioner Mr. A.S.rao for Respondent Nos. 3 to 7 Mr. Devendranath S. Joshi for the Applicant in IA 10171/2025 Mr. Jagdish G. Aradwad (Reddy) for the Applicant in IA 781/2024 _______________________________________ 1/4
JPP 2. PIL 24.2020.doc CORAM : ALOK ARADHE, CJ. AND SANDEEP V. MARNE, J.
DATE : 23 JULY 2025 Oral Order (Per Chief Justice) :
1.
Rule. Rule made returnable forthwith. With consent of learned Counsel for the parties, heard finally.
2.
In this Petition, which has been filed as Public Interest Litigation, the Petitioner, inter-alia, seeks a direction to Respondent Nos. 3 to 7 to take appropriate measures in respect of an illegal/unauthorized construction raised within the boundaries of Kalyan Dombivali Municipal Corporation (KDMC).
3.
We have heard the learned Counsel for the parties at length. 4.
A Division Bench of this Court, by an order dated 24 January 2024 had issued directions to the Respondents to carry out the survey and to take an action for removal of the encroachment. 5.
In pursuance of the aforesaid order, the Sub-Divisional Officer, Kalyan has filed an affidavit stating that the survey has been conducted between 30 January 2024 to 19 March 2024 and the encroachments on the Government property as well as land reserved for public purposes have been 2/4
JPP 2. PIL 24.2020.doc identified. No individual has a right to encroach on a public property. However, this Court in exercise of inherent jurisdiction under Article 226 of the Constitution of India cannot determine the disputed question of facts. Therefore, in the peculiar facts of the case, since the encroachments on the Government land has already been identified, we deem it appropriate to issue the following directions :- (i) The Sub-Divisional Officer, Kalyan shall issue notice to the Petitioner as well as to unofficial Respondents and every other person who may be in occupation of the Government land as well as the land reserved for public purposes. Similar notices shall be issued by the Municipal Commissioner, Kalyan Dombivali Municipal Corporation, in case the land belongs to the Municipal Corporation or is reserved for public use.
(ii) The Sub-Divisional Officer, Kalyan/Municipal Commissioner, KDMC shall afford an opportunity of hearing to all the parties, and shall give them an opportunity to submit the documents in support of their claim.
(iii) After affording an opportunity of hearing, an action for removal of encroachments in accordance with law shall be taken. (iv) The assistance of the Police shall be provided to the SubDivisional Officer, Kalyan and the Municipal Commissioner, KDMC for removal of encroachments from the Government land as well as the land reserved for public use.
3/4
JPP 2. PIL 24.2020.doc (v) Any person aggrieved by the order directing removal of encroachments shall be at liberty to take recourse to such remedy as may be available to them in law.
(vi) The aforesaid exercise shall be carried out within a period of four months from today.
6.
Accordingly, the Public Interest Litigation and the Interim Applications are disposed of.
( SANDEEP V. MARNE, J. ) ( CHIEF JUSTICE ) 4/4